Kinyanjui Njuguna & Company Advocates v African Merchant Assurance Company Ltd & another (Miscellaneous Application E024 of 2025) [2026] KEHC 11941 (KLR) (16 July 2026) (Ruling)

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MURANG’A** **HIGH COURT MISC. APPLICATION NO. E024 OF 2025** **KINYANJUI NJUGUNA & CO. ADVOCATES** **………………………………………APPLICANT/DECREE HOLDER** **VERSUS** **AFRICAN MERCHANT ASSURANCE COMPANY LTD** **…………………………………………………. JUDGEMENT DEBTOR** **AND** **SAFARICOM LIMITED……………………………….. GARNISHEE** **RULING** 1. *Vide* a Notice of Motion Application dated 23rd June, 2026 brought under Certificate of Urgency and expressed to be founded under the provisions of **Order 23 Rules 1, 2, 8 and 9** **and Order 51 Rule 1 of the Civil Procedure Rules,** the Applicant/Decree—Holder is seeking the following reliefs from this Court: 1. ***Spent.*** 2. ***Spent.*** 3. ***Spent.*** 4. ***THAT a Garnishee Order absolute be issued attaching the said pay bill number and till number held by the garnishee on behalf of the judgment debtor and directing that the garnished amounts or such portions as may be sufficient be released to the applicant’s advocate on record in the underlisted bank to satisfy and/or answer part of the decree in the amount of Kshs.399,694.55/- together with the costs of the garnishee proceedings*** **Account Name: Kinyanjui Njuguna & Co. Advocates** **Account Number: 0801423001** **Bank: Diamond Trust Bank CAPITAL Center Branch** 1. ***That the costs of this Application to be paid out of the said pay bill number and till number held by the garnishee assessed at Kshs.50,000/- as part of the Garnishee proceedings.”*** 2. The Application is anchored on the grounds enumerated on its face and the even-dated Supporting Affidavit sworn by **MABEYA BOSIRE CORNELIUS** in his capacity as an Advocate working in the Applicant/Decree-Holder firm. 3. The Applicant/Decree-Holder deposed that it procured a Decree dated 22nd March 2026 from this Court for sum of Kshs.399,694.55/- payable by the Respondent/Judgment Debtor herein which it has failed to satisfy despite reminders. 4. Owing to the failure to settle the decretal sum, the Applicant/Decree-Holder carried out investigations and established that the Respondent/Judgment-Debtor operates **Paybill number 545400 and Till number 4106404** with the garnishee herein, and averred that the said accounts contain sufficient amounts of money to satisfy the decretal amount in its entirety. 5. The Applicant/Decree-Holder thus urged the court to attach the Respondent/Judgment-Debtor’s fund held in its account with the garnishee to prevent the Respondent/Judgment-Debtor from withdrawing the same which would defeat the execution of this Court’s Decree. 6. On 24th June, 2026, the *Hon. Lady Justice Grace Nzioka* Court issued directions that the application be served on the Respondent/Judgment Debtor and Garnishee for their responses and scheduled the matter for *inter-partes* directions on 2nd July, 2026, before this Court. In the intervening period, the Court issued Garnishee Orders *nisi* pending the inter-partes directions on the subject application, attaching the monies held by the Garnishee in favour of the Respondent/Judgment-Debtor for the purpose of satisfying the decretal sum of Kshs.399,694.55/-. 7. The Court has sighted and perused through the return of service dated 30th June 2026 and confirms that the Application dated 23rd June 2026 together with the Garnishee Order *nisi* were duly served upon the Respondent/Judgment Debtor and the Garnishee. 8. The Respondent/Judgment Debtor did not file any response to the Application nor otherwise contest the execution proceedings. 9. The Garnishee, however, entered appearance vide the Notice of Appointment dated 1st July, 2026 and filed a Replying Affidavit in response to the Application, sworn on even date, on its behalf by its Senior Merchant Officer, **STELLA MUTINDI MUTUA**. 10. In the said Affidavit, the Garnishee confirms that the identified Paybill and Till numbers are held and operated by the Respondent/Judgment Debtor. The Garnishee also confirms that the said Accounts are sufficiently funded to the extent of the decretal sum. 11. The Garnishee has further deposed that in the event this Honourable Court makes the garnishee order absolute, it shall within a period of seven (7) days release the decretal sum amounting to Kshs.399,694.55 less its costs. **ANALYSIS & DETERMINATION** 12. In considering the present Application, I have carefully read through it alongside the supporting affidavit and records and I am minded that it emanates from this court’ s orders dated 24th July, 2025 and 26th January, 2026 entering judgement in favor of the Applicant as against the Respondent for Kshs.326,385.00 together with interest at the rate of 14% per annum from 24th July, 2025 until payment in full, plus costs of Kshs.20,000.00. 13. It has been demonstrated by the Applicant/Decree holder that pursuant to the said order, a decree was obtained against the Respondent for the sum of Kshs.69,046.00 which the Respondent/Judgement Debtor has failed to honor, giving rise to the instant application. 14. The issue that this Court is now called upon to determine in this matter is: ***Whether the Garnishee Order nisi issued on 24th June 2026 should be made absolute.*** 15. In the instant case, no reference has been filed by the Respondent/Judgment Debtor challenging this Application. The Garnishee has entered appearance, filed a Replying Affidavit and confirmed availability of funds. 16. The relevant provision of law regarding Garnishee proceedings is located at **Order 23 Rule 4** of the **Civil Procedure Rules** which provides that: **‘‘ If the garnishee does not dispute the debt due or claimed to be due from him to the judgement-debtor, or he does not appear upon the day of hearing named in an order nisi, then the court may order execution against the person and goods of the garnishee to levy the amount due to him from him, or so much thereof as may be sufficient to satisfy the decree, together with the costs of the garnishee proceedings; and the order absolute shall be in Form No. 17 or 18 of Appendix A, as the case may require.’’** 17. While the Garnishee admits that it holds sufficient funds to satisfy the decretal sum, it has not furnished a statement of account indicating the actual balance held on behalf of the Judgment Debtor. Such disclosure would have assisted the Court in ascertaining the precise extent of the funds available for attachment, including whether they are sufficient to satisfy both the decretal sum and the costs of these garnishee proceedings. 18. In the absence of any evidence to the contrary, the Court is satisfied that there are sufficient funds to satisfy the decree together with the costs of these garnishee proceedings. 19. In light of the above, I find that the Application is merited and hereby orders as follows: **(a) The Garnishee Order nisi issued on 24th June 2026 is hereby made absolute.** **(b) The Garnishee, Safaricom Limited, shall within seven (7) days from the date hereof, release from the funds held on behalf of the Respondent/Judgment Debtor in Paybill No. 545400 and Till No. 4106404, the sum of Kshs. 399,694.55, to satisfy the Decree dated 22nd June 2026, by remitting the same to:** ***Account Name: Kinyanjui Njuguna & Co. Advocates*** ***Account Number: 0801423001*** ***Bank: Diamond Trust Bank, Capital Centre Branch.*** **(c) The Applicant is awarded costs assessed at Kshs.50,000/- to be borne by the Respondent/Judgment Debtor.** **(d) The Garnishee is awarded costs assessed at Kshs.20,000/- to be borne by the Respondent/Judgment Debtor.** **(e) For avoidance of doubt, the costs of Kshs. 50,000/- awarded to the Applicant includes the costs agreed by consent on 4th June, 2026.** It is hereby so Ordered. **RULING DATED, SIGNED AND DELIVERED THIS 16TH DAY OF JULY, 2026.** **HON. DORAH CHEPKWONY** **JUDGE**